Texas Gets Court to Stay EPA 110(k)(6) "Fix"

The Wall Street Journal opinion page from January 4 included a great summary or Texas's successful effort to stay the EPA's action "fixing" what EPA described as an 18 year old error.  Most observers agreed that EPA's attempt to unilaterally change Texas's SIP was unsupported by the record. In fact the WSJ article described the attempt as follows:

"The error that escaped EPA's notice for 18 years was that the Texas plan did not address "all pollutants newly subject to regulation . . . among them GHGs [greenhouse gases]." In other words, back then Texas hadn't complied with regulations that didn't exist and wouldn't be promulgated for another 18 years."

The DC Cir Court agreed with Texas, much to the delight of most states who have expressed similar concerns with EPA action to amend their SIPs in the same way.  Here is a copy of the Court's Order - not much to see but clear evidence of some early success.  If anyone has some of the brief filed in this case please let me know - I'll post ASAP.